Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 6V

Meaning of repayment history information

  (1)   If a credit provider provides consumer credit to an individual, the following information about the consumer credit is repayment history information about the individual:

  (a)   whether or not the individual has met an obligation to make a monthly payment that is due and payable in relation to the consumer credit;

  (b)   the day on which the monthly payment is due and payable;

  (c)   if the individual makes the monthly payment after the day on which the payment is due and payable--the day on which the individual makes that payment.

  (1A)   If an obligation of the individual to make a monthly payment is, or is taken by subsection   (1B) to be, affected by a financial hardship arrangement, then repayment history information is to be determined by reference to that obligation as so affected.

Note:   In this case, there may be financial hardship information: see subsections   6QA(4) and (5).

  (1B)   If, under a financial hardship arrangement, an individual is not required to make a monthly payment for a month, then, for the purposes of subsections   (1) and (1A) and section   6QA:

  (a)   a monthly payment is taken to have been due and payable on the day on which it would have been due and payable apart from the arrangement; and

  (b)   the individual is taken to have met the obligation to make the monthly payment; and

  (c)   the obligation to make the monthly payment is taken to be affected by the arrangement.

  (2)   The regulations may make provision in relation to:

  (a)   whether or not an individual has met an obligation to make a monthly payment that is due and payable in relation to consumer credit; and

  (b)   whether or not a payment is a monthly payment.


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